Jilin Paralyzed Man Zhao, serving his sentence in Siping Prison, was found to be HIV positive. Zhao and his family believe that there are management issues in the prison, so they filed a national compensation lawsuit, claiming about 8 million yuan.
Zhao was sentenced to 20 years in 2008 for robbery and attempted murder. In January 2009, he was transferred to Siping Prison where he was found to be HIV positive in June 2011, despite multiple negative tests from 2008 to 2010. According to a report by Red Star News on the 19th, Zhao’s family stated that after Zhao was tested HIV positive in prison, he filed an administrative lawsuit against Siping Prison and made a national compensation claim of around 8 million yuan.
On January 24, 2019, the Jilin High Court ruled that the prison was responsible for mismanagement, ordering to pay 100,000 yuan as consolation. The prison authorities appealed to the Supreme Court, but the appeal was rejected, upholding the original ruling.
Zhao was left paralyzed in 2001 due to a fall, and during his sentence, he required long-term treatment in the prison hospital.
One of Zhao’s fellow inmates, Zhao Wei, diagnosed with HIV in 2004, had entered Zhao’s ward to help him with daily tasks and wound care. Medical records showed Zhao’s leg sores exuding fluids, while Zhao Wei had developed a fever and rash in 2010, which could have led to virus transmission.
The court determined that Zhao was infected between June 2009 and June 2011 during his sentence. While the main responsibility lies with the transmitter of the virus, the prison negligently failed to fulfill its supervisory duties, thus bearing partial responsibility.
Zhao’s family stated that they plan to initiate another national compensation claim for Zhao after his release.
Zhao is set to be released in early March. His family expressed concerns about his inability to care for himself due to paralysis, facing challenges in accessing care and treatment after release.
In response to these concerns, Zhao’s family proposed three solutions to the Jilin Provincial Prison Administration: 1. Arrange for a top-tier hospital to provide medical care, nursing, and accommodation until the age of 76. 2. Continue to provide medical and life support during ongoing legal proceedings. 3. A one-time compensation of 8.3 million yuan according to national compensation standards.
Furthermore, Zhao’s family hoped for Zhao to be provided with self-funded imported medicines like Biktarvy which cost around 3800 yuan per month.
This incident has sparked widespread public concern. Many netizens sympathize with the man’s plight, emphasizing the prison’s responsibility to safeguard the basic health rights of inmates. There have been calls to strengthen supervision of prison health management to prevent similar incidents from occurring again.
Legal experts pointed out that if the family could provide sufficient evidence proving the man indeed contracted HIV in prison, the prison management department might have to bear corresponding legal responsibilities.